I-9 / E-Verify

U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced Tuesday the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since January. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law.
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What is my legal obligation as an employer to verify an employee’s right to work in the U.S.?

Before hiring a new employee, employers are required to ensure an employee is eligible to work in the United States.  Knowingly hiring illegal employees or failing to inquire as to an employee’s immigration status could result in legal fines and other penalties.  Employee eligibility is typically determined through Read more . . .

U.S. Citizenship and Immigration Services (USCIS) today announced the launch of its new website, E-Verify.gov. This is the authoritative source for information on electronic employment eligibility verification. E-Verify.gov is for employers, employees and the general public.
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What are the penalties for hiring illegal immigrants?

Employers across the country need to be aware that the U.S. Immigration and Customs Enforcement has announced its intention to increase the number of employers it prosecutes for hiring illegal immigrants.  Employees who are here illegally are also at risk. The acting ICE Director, Thomas Homan, has stated that workplace immigration enforcement efforts will rise to four to five times the current level.
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On July 17th, 2017, USCIS released a revised version of Form I-9, Employment Eligibility Verification Form. On September 18th, 2017, employers must use the revised form with the revision date of 07/17/17 N. Employers can continue using the older Form I-9 with a revision date of 11/14/16 N through September 17th. Employers must continue following existing storage and retention rules for any previously completed Form I-9.
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USCIS published a revised version of Form I-9, Employment Eligibility Verification. Employers may continue using Form I-9 with a revision date of 03/08/2013 N. through Jan. 21, 2017. By Jan. 22, 2017, employers must use the revised form.
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U.S. Citizenship and Immigration Services (USCIS) today published a revised version of Form I-9, Employment Eligibility Verification.

By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016. Until then, they can continue to use the version dated 03/08/2013 or the new version.

Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.
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As our economy continues to show few signs of “predictability”, company mergers, acquisitions and restructurings ("transactions") are likely to continue. In general, since a merger, acquisition or restructuring is a "corporate transaction", the immigration issues often get left in the dust. For this reason, it is important that immigration repercussions that arise from a merger, acquisition or restructuring are considered and that Business Immigration Lawyer is brought into the "deal" or arrangement at the appropriate time - earlier rather then later. This is especially the case since Business Immigration Attorneys may be able to save money for the parties to the transaction.
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The U.S. Department of Justice (DOJ) issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of the federal immigration law.
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On August 25th, the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification. USCIS must publish a revised form by Nov. 22nd, 2016. Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013 N until Jan. 21st, 2017. After Jan. 21st, 2017, all previous versions of Form I-9 will be invalid.
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As many Human Resources Professionals may be aware, the “new” Form I-9 (the Employment Eligibility Verification Form) will be provided soon. On August 25th 2016, the Office of Management and Budget (OMB) announced that it has cleared the revised Form I-9. For the time being, employers should continue to use the Form I-9 that is on the U.S. Citizenship and Immigration Services (USCIS) website with has an expiration date of 3/31/16: The expiration date on the Form can be found on the top right hand corner of the document. Employers are to continue using this version of the Form I-9 until the new and revised version of the I-9 Form has been posted.

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